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2 22 11 City Council Agenda without Icons ROLL CALL ORDER FOR MEETING OF 2/22/11 LYNCH RESNICK BRAIG BUOL CONNORS JONES CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:00 P.M. – SPRINTER BUS AVAILABLE FOR VIEWING ON SIXTH STREET 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING TUESDAY, FEBRUARY 22, 2011 PLEDGE OF ALLEGIANCE INVOCATION Carolyn Farrell, BVM CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted City Conference Board of 3/1 and 3/18/10; City Council of 2/7, 2/9, and 2/15; Housing Commission of 1/25; Human Rights Commission of 1/10; Library Board of 12/15; Mechanical Board of 2/10; Zoning Advisory Commission of 2/2; Zoning Board of Adjustment of 1/27 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Glen Koelker for vehicle damage; Joanne McKay for vehicle damage; Tyler Hoyt for vehicle damage; Michael Hubanks for vehicle damage; Rick J. Putnam for vehicle damage; Sarah Trantham for vehicle damage; Rich Haigh for vehicle damage; John P. Kelly for vehicle damage; Angela Steur for property damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Glen Koelker for vehicle damage; Joanne McKay for vehicle damage; Clay Gronen for vehicle damage; Michael Hubanks for vehicle damage; Rick J. Putnam for vehicle damage; Sarah Trantham for vehicle damage; Rich Haigh for vehicle damage; John P. Kelly for vehicle damage; Angela Steur for property damage Suggested Disposition: Receive and File; Concur 3. Southwest Arterial Consultant Supplemental Agreement – North Cascade Road Bridge Construction Project City Manager recommending approval of an agreement with AECOM Technical Services, Inc. to provide construction engineering services for the North Cascade Road Bridge Construction Project (Phase I of the Southwest Arterial Project) subject to the concurrence of the Iowa Department of Transportation. RESOLUTION Approving the Consultant Professional Services - Supplemental Agreement between AECOM Technical Services, Inc. and the City of Dubuque for construction engineering services for the North Cascade Road Bridge Construction Project (Phase 1 of the Southwest Arterial Project) Suggested Disposition: Receive and File; Adopt Resolution 4. Southwest Arterial Consultant Supplemental Agreement – Final Design City Manager recommending approval of a supplemental agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial Project subject to the concurrence of the Iowa Department of Transportation. RESOLUTION Approving the Consultant Professional Services - Supplemental Agreement between AECOM Technical Services, Inc. and the City of Dubuque for the final engineering design phase of the Southwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution 5. Smart Planning Consortium City Manager recommending approval to submit a request for technical assistance from the Environmental Protective Agency by the Dubuque Smart Planning Consortium. Suggested Disposition: Receive and File; Approve 6. Smart Planning Grant Agreement City Manager recommending approval of an agreement with the Iowa Department of Economic Development (IDED) for a Smart Planning Grant with Dubuque County, the City of Dubuque, and six small cities (Asbury, Cascade, Dyersville, Epworth, Farley and Peosta) to cover up to 50% of the cost for a new or updated comprehensive plan for each participant. Suggested Disposition: Receive and File; Approve 2 7. Certified Local Government (CLG) Annual Report City Manager transmitting the 2010 Certified Local Government (CLG) Annual Report. Suggested Disposition: Receive and File 8. 2010 National Park Service (NPS) Annual Products Report City Manager transmitting the 2010 National Park Service (NPS) Annual Products Report and Baseline Questionnaire. Suggested Disposition: Receive and File 9. 2010 Urban Revitalization Program Applications City Manager recommending approval of 2010 Urban Revitalization Program applications for residential property tax exemptions. RESOLUTION Approving residential property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor Suggested Disposition: Receive and File; Adopt Resolution 10. Request for Proposals – Annual Auditing Services City Manager recommending approval of the issuance of a Request for Proposals for the City’s annual audit. Suggested Disposition: Receive and File; Approve 11. Downtown Rehabilitation Loan – 1132-1136 Locust Street City Manager recommending approval of a letter of commitment for a Downtown Rehabilitation Loan of $300,000, a $10,000 façade grant, a $10,000 design grant and a $15,000 financial consultant grant for Judy Davison to support rehabilitation of properties located at 1132-1136 Locust Street. RESOLUTION Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan, Façade Grant, Design Grant and Financial Consultant Grant to Judy Davison Suggested Disposition: Receive and File; Adopt Resolution 12. Community Development Block Grant (CDBG) Administration City Manager recommending approval of a proposal from East Central Intergovernmental Association in the amount of $7,500 to administer the Community Development Block Grant for the Caradco Building, LLLP project. RESOLUTION Approving the contract for 2010 CDBG Grant Administration to East Central Intergovernmental Association Suggested Disposition: Receive and File; Adopt Resolution 3 13. City Development Board Communication from Marie Steenlage, City Development Board Administrator, advising that the voluntary annexation request of the Dubuque Metropolitan Area Solid Waste Agency will be heard by the Board on March 9, 2011. Notice of meeting to consider the City of Dubuque’s voluntary annexation within the urbanized area of the cities of Peosta and Centralia. Suggested Disposition: Receive and File 14. Knight Soul of the Community 2010 Copy of the Knight Soul of the Community 2010 Report. Suggested Disposition: Receive and File 15. American Council of Engineering Companies (ACEC) Communication from the American Council of Engineering Companies (ACEC) advising that the City’s East / West Corridor Connectivity Study has earned a National Recognition Award in the American Council of Engineering Companies 2011 Engineering Excellence Awards competition. Suggested Disposition: Receive and File 16. Iowa League of Cities Communication from the Iowa League of Cities advising that Council Member Joyce Connors’ name has been submitted for appointment to the National League of Cities Human Development Committee. Suggested Disposition: Receive and File 17. Citizen Communication Communication from Loras Pape regarding taxes. Suggested Disposition: Receive and File 18. U.S. Department of Housing and Urban Development (HUD) City Manager recommending approval of the execution of grant agreements with the U.S. Department of Housing and Urban Development for the Lead Hazard Control and Health Homes Product grants. RESOLUTION Authorizing execution of a Lead Hazard Control Grant Agreement and Healthy Homes Production Agreement with the U.S. Department of Housing and Urban Development Suggested Disposition: Receive and File; Adopt Resolution 4 19. Handan City Communication from Lv Jinlong, Vice Secretary General of Handan City Government, expressing great sorrow on the death of Council Member Dirk Voetberg. Suggested Disposition: Receive and File 20. Signed Contracts A. Change orders for Fire Station Expansion and 975 Central Avenue Ramp Construction Project B. Five Flags Concert Lighting Bid Award Request C. Water Pollution Control Plant Update Project – Change Order #5 Suggested Disposition: Receive and File 21. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Hammerheads Bar and Billiards, Players Sports Bar, Northside Bar, Gin Rickeys, Town Clock Inn, Bootleggers Pub, and The Clubhouse Suggested Disposition: Receive and File; Adopt Resolution ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Sanitary Sewer Easement – Faley Properties, LLC City Manager recommending that a public hearing be set for March 7, 2011 to consider a request from Faley Properties, LLC d/b/a IWI Motor Parts to obtain an easement for a sanitary sewer lateral that will serve their development of Lot 2 of Dubuque Industrial Center North First Addition. RESOLUTION Intent to dispose of a sanitary sewer easement in City of Dubuque and fixing the date for a public hearing on the proposed disposal of a sanitary sewer easement in the Dubuque Industrial Center North First Addition to Faley Properties, LLC and Faley Enterprises, Inc. and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/7/11 2. Fire Hydrant Painting Project City Manager recommending initiation of the bidding process for Phase I of the Fire Hydrant Painting Program and that a public hearing be set for March 7, 2011. RESOLUTION Preliminary approval of the plans and specifications, form of contract, and estimated cost; setting date of public hearing on the plans and specifications, form of contract, and estimated cost; and ordering the advertisement for bids Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/7/11 5 3. Fiscal Year 2012 Budget and Capital Improvement Program City Manager recommending that a public hearing be set for March 10, 2011 to consider approval of the Fiscal Year 2012 Budget and Fiscal Year 2012 – 2016 Capital Improvement Program. RESOLUTION Setting the date for the public hearing on the Fiscal Year 2012 Budget for the City of Dubuque RESOLUTION Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2012 through 2016 for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 3/10/11 BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant appointments will be made at the next City Council meeting. Community Development Advisory Commission One 3-year term through February 15, 2014 (Term of Shaw) Applicant: David Shaw, 2765 Broadway Street Appointments to the following Boards/Commissions: Mechanical Board Two 3-year terms through March 16, 2014 (Term of Hillard and Giese) Applicant: Gary Hillard, 2826 Muscatine Street Tom Giese, 395 Villa – Additional Applicant Sister City Relationships Advisory Commission One 3-year term through February 1, 2014 (Term of Miller) Applicants: Jill Connors, 720 Nevada Street Phyllis Lee, 520 S. Grandview Avenue Transit Advisory Board One 3-year term through July 30, 2011 (Term of Croissant) Applicant; R.R.S. Stewart, 460 Summit Street (Currently serves on the Human Rights Commission) 6 PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES th 1. Sale of Property at 346 East 19 Street Proof of publication on notice of public hearing to consider approval of the sale of th property at 346 East 19 Street to Kevin L. and Becky M. Lightfoot and City Manager recommending approval. th RESOLUTION Approving the sale of real estate located at 346 East 19 Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 2. Request to Rezone – Bedrock Development, LLC / McFadden Family Partnership Proof of publication on notice of public hearing to consider a request from Bedrock Development, LLC / McFadden Family Partnership to rezone property located on the south side of Pennsylvania Avenue, east of Heacock Road, from R-3 Moderate Density Multi-Family Residential District to AG Agricultural District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located on the south side of Pennsylvania Avenue, east of Heacock Road, from R-3 Moderate Density Multi- Family Residential District to AG Agricultural District Suggested Disposition: Receive and File; Motion B; Motion A 3. Request to Rezone – 39 Bluff – Gary Carner, Franklin Investment LLC Proof of publication on notice of public hearing to consider a request from Gary Carner, Franklin Investment LLC, to rezone property located at 39 Bluff Street from R-3 Moderate Density Multi-Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 39 Bluff Street from R-3 Moderate Density Multi-Family Residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A 7 4. Washington Neighborhood Conservation District Expansion Proof of publication on notice of public hearing to consider approval of an amendment to expand the Washington Street Neighborhood Conservation District and Historic Preservation Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 109-11-A-4 pertaining to expansion of the Washington Street Neighborhood Conservation District City Manager recommending that the boundaries of the proposed Washington Street Neighborhood Conservation District be modified. Communication from Heartland Financial requesting that the property owned by Dubuque Bank and Trust Company on White Street be exempted from the Washington Street Conservation District. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 10-11-A-4 pertaining to expansion of the Washington Street Neighborhood Conservation District Suggested Disposition: Receive and File; Motion B; Motion A 5. Engine House #1 MT, LLC Lease Proof of publication on notice of public hearing to consider a proposed 40-year lease between the City of Dubuque and Engine House #1 MT, LLC. a subsidiary of Dubuque Initiatives, for Engine House #1. City Manager recommending that the City Council rescind the Public Hearing to enact a lease between the City of Dubuque and Engine House #1 MT, LLC., a subsidiary of Dubuque Initiatives, for the former Housing and Community Development Department offices. RESOLUTION Rescinding Resolution No. 39-11 to hold a public hearing regarding a lease with Engine House #1 MT, LLC Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES This action limits discussion to the City Council. ACTION ITEMS These are items where discussion is held by the City Council – public comments are not allowed except as authorized by the Mayor. 1. Every Child / Every Promise City Manager recommending approval of the $25,000 request from Every Child / Every Promise to disperse already budgeted funds to help implement the First Years First 8 Initiative, the child care mapping and information system, and the Leader in Me Program. Suggested Disposition: Receive and File; Approve 2. International Union of Operating Engineers – Collective Bargaining Agreement City Manager recommending approval of the collective bargaining agreement between the City of Dubuque and the International Union of Operating Engineers for Fiscal Year 2012, 2013 and 2014. RESOLUTION Approving the agreement between the City of Dubuque, Iowa and the International Union of Operating Engineers and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution 3. Wage Plan and Compensation Package for Non-Bargaining Unit Employees City Manager recommending approval of the Wage Plan and Compensation Package for non-bargaining unit employees for Fiscal Years 2012, 2013 and 2014. RESOLUTION Approving Wage Plan and Compensation Package for non-bargaining unit employees for Fiscal Years 2012, 2013 and 2014 Suggested Disposition: Receive and File; Adopt Resolution 4. Safe Community Task Force Recommendations Implementation – Boarded-Up Windows and Doors Ordinance City Manager recommending adoption of a Boarded-Up Openings Ordinance that establishes requirements for the exterior security and appearance of buildings. ORDINANCE Amending the City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations by adopting a new Section 14-1A-5 Exterior Security and Appearance of Buildings, Establishing Requirements for the Exterior Security and Appearance of Buildings Suggested Disposition: Receive and File; Motion B; Motion A 5. 2011 Federal Legislative Priorities City Manager recommending approval of the Fiscal Year 2011 Federal Legislative Priorities. Suggested Disposition: Receive and File; Approve 6. Sister City Relationships Advisory Commission Appointment of a City Council representative to the Sister City Relationships Advisory Commission. Suggested Disposition: Receive and File; Council 9 7. Fourth Ward Vacancy City Attorney transmitting information regarding the filling of the vacancy in the office of Fourth Ward City Council Member. RESOLUTION Of intent to fill a vacancy in the office of Fourth Ward City Council Member by appointment Or RESOLUTION Of intent to fill a vacancy in the office of Fourth Ward City Council Member by special election Suggested Disposition: Receive and File; Adopt Resolution COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) Code of Iowa Jeanne F. Schneider February 17, 2011 10